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Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
Discussion
On April 22, 2008, we issued AD 2008-10-03, Amendment 39-15509 (73 FR 24858, May 6, 2008) for Bell Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412CF, and 412EP helicopters. AD 2008-10-03 required certain checks and inspections of each T/R blade at specified intervals and repairing or replacing, as applicable, any unairworthy T/R blade. AD 2008-10-03 was prompted by eight reports of fatigue cracking of T/R blades installed on Bell Model 212 and 412 helicopters (three failures on the Bell Model 212 and five failures on the Bell Model 412) with a T/R blade, part number (P/N) 212-010-750-009, -105, and -107. Three of the Model 412 failures occurred during flight.
Actions Since AD 2008-10-03 Was Issued
Since we issued AD 2008-10-03 (73 FR 24858, May 6, 2008), an accident attributed to a T/R failure occurred. Because of this accident, we have determined that a superseding AD is necessary to require a second, more detailed inspection that allows for an earlier detection of a crack or other damage. These actions are intended to prevent failure of T/R blade and subsequent loss of helicopter control.
This superseding AD does not apply to Model 204B helicopters because those helicopters do not have the affected T/R blades installed and should not have been included in the applicability of AD 2008-10- 03. We are no longer requiring a daily check of the T/R blades because we have determined that the additional, more detailed inspection and the sequence of the inspections provide an appropriate level of safety.
FAA's Determination
We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs.
Related Service Information
On February 4,2013, Bell issued Alert Service Bulletin (ASB) No. 205-13-109 for Model 205A and 205A-1 helicopters; ASB No. 205B-13-61 for Model 205B helicopters; ASB No. 212-13-147 for Model 212 helicopters; ASB 412-13-155 for Model 412 and 412EP helicopters; and ASB No. 412CF-13-52 for 412CF helicopters. All ASBs are dated February 4, 2013. Bell reported that it recently examined a fractured T/R blade and that the fracture originated from surface damage. ASB No. 205-13- 109, No. 205B-13-61, and No. 412CF-13-52 describe procedures for a 3X magnifying glass inspection of the entire T/R blade surface for damage every 25 hours time-in-service (TIS), similar to that required by AD 2008-10-03 (73 FR 24858, May 6, 2008). ASB No. 212-13-147 and No. 412- 13-155 do not include this 3X visual inspection, because that inspection has been incorporated into the maintenance manual for these models. All five of the ASBs introduce an additional local visual inspection with a10X magnifying glass of each T/R blade between blade station 20.00 to 35.00 from the leading edge to the trailing edge. Bell added a reminder to operators that it is critical to investigate any paint and skin imperfections should the inspection warrant such action. If any skin damage exceeds the limits in the applicable Maintenance Manual, the ASBs call for removing the T/R blade from service.
AD Requirements
This AD supersedes AD 2008-10-03 (73 FR 24858, May 6, 2008) and requires for any Model 205A, 205A-1, 205B, 210, 212, 412, 412CF, and 412EP helicopter with certain T/R blades the following actions:
Within 25 hours TIS or 30 days, whichever occurs first, and thereafter at intervals not to exceed 25 hours TIS or 30 days, whichever occurs first, cleaning and visually inspecting each T/R blade assembly for a crack, corrosion, nick, scratch, or dent using a 3X or higher power magnifying glass and a bright light; and
Visually inspecting certain parts of each T/R blade for a crack or other damage using a 10X orhigher power magnifying glass and a bright light, and if damage exists, measuring the depth of any damage.
Before further flight, replacing any cracked T/R blade and repairing or replacing any damaged T/R blade.
Replacing a blade with T/R blade, P/N 412-016-100-111, on eligible helicopters is terminating action for the inspection requirements of this AD.
Differences Between the AD and the Service Information
This AD differs from the ASBs because we include Model 210 helicopters. The Model 210 helicopter has the same part-numbered blades as the other applicable helicopter models.
Costs of Compliance
We estimate that this AD affects 80 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs to comply with this AD:
Visually inspecting a blade (2 per helicopter) for a crack or other damage will require .25 work-hour. No parts are needed. For the expected 12 annual inspections, the total cost per helicopter will be $510 a year, and $40,800 for the U.S. fleet.
Replacing a T/R assembly will require 6 work-hours for a labor cost of $510. Parts will cost $23,048, bringing the total cost to $23,558 per helicopter.
According to the Bell's service information, some of the cost may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control the warranty coverage by Bell. Accordingly, we have included all costs in our cost estimate.
FAA's Justification and Determination of the Effective Date
Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the required corrective actions must be accomplished within 25 hours TIS or 30 days, whichever comes first, a very shorttime period based on the average flight-hour utilization rate of these helicopters. These helicopters are
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typically used for logging, firefighting, and lifting and carrying external loads.
Since an unsafe condition exists that requires the immediate adoption of this AD, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in less than 30 days.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order 12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviationin Alaska to the extent that it justifies making a regulatory distinction; and
4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.